[HISTORY: Adopted by the Mayor and Council
of the Borough of Spring Lake as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 276 (§ 3-5
of the Revised General Ordinances)]
No person shall use or operate or permit to
be used or operated upon Spring Lake, in the Borough, any motorboat
or boat or conveyance equipped with an outboard motor or any other
motor whatsoever.
No person shall use or operate or permit to
be used or operated upon Wreck Pond or Lake Como, in the Borough,
any motorboat or boat or conveyance equipped with an outboard motor
or any other motor whatsoever, unless the motor is noiseless in operation.
[Added 5-18-2004 by Ord. No. 15-2004]
Notwithstanding the provisions of §§ 126-1 and 126-2 above, motorboats may be used and operated on Spring Lake, Wreck Pond and Lake Como in conducting efforts under any federal or State of New Jersey permit issued by either or both agencies in connection with the humane treatment and/or control of wildlife on said waters.
[Added 9-5-2006 by Ord. No. 16-2006]
Jet skis are specifically excluded from all
bodies of water.
[Adopted by Ord. No. 8-1998 (§ 14-7
of the Revised General Ordinances)]
The purpose of this article is to regulate the
proliferation of rowboats, canoes and other watercraft (hereinafter
referred to as boats) attached to trees, benches or poles on Borough
property while at the same time providing the owners of such objects
with reasonable access to adjacent bodies of water. These boats with
unknown owners take up park space and make it difficult to maintain
the grass in the vicinity. In addition, unattended boats without identification
pose a danger for misuse by juveniles and pose additional risk of
harm in the water. Further the aesthetic qualities of Spring Lake,
Wreck Pond and Como Lake and the surrounding park areas are deemed
to be unsightly without some regulations as to the number of said
boats.
Boats shall be allowed to be stored on Borough
property from April 1 to October 31 subject to regulations contained
herein.
[Amended 9-5-2006 by Ord. No. 16-2006; 4-29-2008 by Ord. No.
2008-004]
Prior to anyone storing a boat at any of the
three bodies of water mentioned herein, the owner shall comply with
the following regulations:
A.
Applications shall be taken on a first-come-first-served
basis, after March 1 of each year. An application for registration
must be filled out with the Borough Clerk and a decal obtained, which
shall be placed on the boat.
B.
In the case of a rowboat, the decal shall be placed
on the stern portion of the boat, and in the case of a canoe, the
decal shall be placed on the starboard aft side of the canoe.
C.
The fee for storing the boat per season shall be $30
for residents of Spring Lake and $75 for nonresidents, payable in
advance to the Borough Clerk with the filing of the registration form.
D.
All boats shall be removed on or before October 31
of each year. Any boat remaining after said date shall be removed
by the Borough employees and shall be stored at a charge to the registrant
of $100 for the removal and $100 per month, pro-rated daily, which
sum must be paid prior to return of the boat to the registrant and
the issuance of a permit for any future year.
E.
Borough employees, whenever they remove the abandoned boats, shall provide the Borough Clerk with a list of the decal numbers of the boats removed. Notice of failure to remove the boat from the Borough lakes shall be sent by the Borough Clerk to the registrant by mail directed to the address of the registrant as it appears on the application. If the boat is not repossessed by the registrant in accordance with the requirements of Subsection D for a period of three months, then the boat will be deemed abandoned and sold at public sale. Any sums derived from such sale will, after deduction of storage charges and expenses of sale, be remitted to the registrant.
F.
Any boat stored at the lakes shall be located in the designated docking area(s) and secured utilizing cable or chain with padlock or combination lock. Any boat located other than in the designated areas shall be removed by the Borough and the owner will be subject to the provisions of Subsections E and F above governing the fees for recovery and storage and the abandonment and sale of such boat.
G.
The Borough has the right to remove any chain, cable
or lock in case of an emergency. If the Borough is required to remove
said device, in the event of an emergency, it shall replace the cable,
chain or lock. If a chain, cable or lock is required to be cut in
order to remove the boat by the Borough employees after October 31
of each year, there shall be no obligation on the part of the Borough
to replace the chain, cable or lock.
Rowboats shall not exceed 14 feet in size, and
canoes shall not exceed 16 feet in size. Any other water craft shall
not exceed 16 feet in size.
To control the number of boats, both for safety
and aesthetics and to allow proper maintenance by the Borough work
force, the number of boats located at each location shall be as follows:
Each owner shall submit to the Borough Clerk,
together with the application, evidence of a paid up insurance policy
covering public liability for injury to any person or persons in the
amount of $300,000 per occurrence. Nothing contained herein shall
be construed to limit the acquisition of additional coverage.
Anyone who desires to store a boat at any of
the three bodies of water stated herein, in addition to the insurance,
agrees to indemnify and hold harmless the Borough of Spring Lake against
all loss and damage, including damage to person or property, arising
from any act by, or negligence of the registrant or their friends,
relatives or otherwise while engaged in the performance of this section,
or while in or about the premises, or arising from accident or any
injury not caused by act of the Borough. The registrant further acknowledges
that the use of the boats by themselves, friends, relative or otherwise
is done at their own risk.
Nothing in this article shall be deemed to require
anyone who is not intending to store his or her boat overnight from
using the lakes or requiring a permit to do so. Nothing herein, concerning
the boat season, shall be deemed to prohibit any person who does not
wish to store his or her boat overnight from using the boat on said
lakes at any time throughout the year.
[Amended 4-29-2008 by Ord. No. 2008-004]
A.
The Borough will designate authorized boat storage
locations at Spring Lake, Wreck Pond and Como Lake, which locations
shall be provided with each license issued pursuant hereto and which
shall be identified by appropriate signage.
B.
During the authorized boat season, boats may be stored
only in the designated locations.
